The standards found in Title 33 of the Code of Federal Regulations, part 95, applicable to individuals under the influence aboard vessels are BAC .08 for recreational and .04 for commercial. However, state statutes would apply within the geographic boundaries of that state. Perhaps a BUI might not stand beyond state waters or within federal jurisdiction.
In Washington State, if impairment could be shown, i.e., through SFST and operation, they could still be charged with Assault by Watercraft for substantial injury or Homicide by Watercraft in the case of death.
Marine Law Enforcement Coordinator
Washington State Parks and Recreation Commission
1111 Israel Road SW, Olympia, WA 98504
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